Case 1303169/2021 · Employment Tribunal
In Person For the v Miss Y Barlay (Consultant) — 2022
- Case reference
- 1303169/2021
- Decision date
- 1 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gaskell
Parties
2 namedClaimant
In Person For the
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing in Birmingham on 1 August 2022, Employment Judge Gaskell determined that the tribunal did not have jurisdiction to hear the claimant's unfair dismissal claim. That claim was therefore dismissed under section 108(1) of the Employment Rights Act 1996.
The tribunal also held that it did not have jurisdiction over the claimant's racial harassment claim. That claim was dismissed under section 123(1) of the Equality Act 2010.
The judgment stated that the claimant's claims for unlawful deductions from wages and unpaid holiday pay were unaffected by the decision and would continue to a final hearing listed for 21 October 2022.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed for want of jurisdiction pursuant to section 108(1) of the Employment Rights Act 1996. | Dismissed | — | — |
| Harassment | The claimant's claim for racial harassment was dismissed for want of jurisdiction pursuant to section 123(1) of the Equality Act 2010. | Dismissed | Race | — |
Legal tests applied
2 references- s.108(1) ERA 1996
- s.123(1) Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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